Legislation to ban THC products statewide — revived during the special session after a veto by Gov. Greg Abbott — passed the Texas Senate on Friday and now heads to the House for consideration.

Senators approved Senate Bill 5 by a 21–8 vote. The bill would ban delta-8, delta-9, and all intoxicating forms of THC, including beverages, and prohibit the retail sale of any cannabinoid except cannabidiol (CBD) and cannabigerol (CBG).

Sen. Charles Perry, R-Lubbock, the bill's author, has rejected the governor's call to regulate hemp like alcohol, arguing that law enforcement lacks the resources to oversee THC products. He also contends that the hemp industry is not interested in regulation, but rather in profit.

Lt. Gov. Dan Patrick supports the bill, citing loopholes in hemp law exploited by "bad actors," health risks to children from THC products marketed like candy, and backing from law enforcement, medical associations, and concerned families.

Just over a month ago, Abbott vetoed a similar bill banning products containing THC. He explicitly asked lawmakers to regulate, not ban, hemp products, calling on them to "craft a law that does as much as possible to corral the problems while also being structured so that it can go into effect this year."  

THC advocates say an outright ban would hurt Texas

Advocates argue a ban would close hundreds of businesses and hurt Texans who use these products.

"Hemp-derived consumables are affordable, accessible and effective," said Mitch Fuller, who represents the Texas VFW, in a previous interview with CBS News Texas.

Fuller said many of the VFW's 65,000 veterans see the industry as an alternative to alcohol and opioids. But senators dismissed those claims.

"We're taking a stance on this," Fuller said. "Again, no one's using us; we are doing this on our own volition because it helps us. It works great."

Why some THC is legal in Texas

The federal and Texas governments legalized hemp in 2018 and 2019, respectively, with agricultural uses in mind. The laws differentiated hemp from illegal forms of cannabis by defining it as having 0.3 percent delta-9 tetrahydrocannabinol or less. The laws didn't explicitly cap other forms of THC, such as delta-8 and delta-10, which aren't naturally found in large quantities but have similar psychoactive effects to delta-9.

Cannabis companies capitalized on the loophole, supplying Texas retailers with products containing these unregulated compounds.

What is the difference between THC and CBD?

Tetrahydrocannabinol (THC) and cannabidiol (CBD) are produced by the same cannabis plant and have similar chemical structures but differ dramatically in their effects on brain function, according to the National Institutes of Health.

Both compounds have therapeutic properties, but THC is associated with impairments and increased incidence of mental health disorders when used acutely or chronically. The NIH also notes that chronic use of high-dose CBD can lead to significant side effects.

What's next for the bill?

The bill now heads to the House for consideration. If passed, it will go to Abbott for approval, veto or inaction. The Senate's approval could lead to another standoff with the governor.